Part IIE+W Local transport

138FPreparation, notice and consultationE+W

(1)If a local transport authority or authorities propose to make an enhanced partnership plan and scheme, they must—

(a)give notice of their intention to prepare a plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b)prepare a plan and scheme for consultation,

(c)give notice of the plan and scheme prepared to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day, and

(d)give notice of the proposal to make the plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(2)A notice under subsection (1)(c) must—

(a)contain full details of the plan and scheme prepared,

(b)state the effect of subsection (5), and

(c)state the period within which objections may be made (which may not be less than 28 days).

(3)A notice under subsection (1)(d) must—

(a)contain full details of the plan and scheme proposed, or

(b)state where such details may be inspected.

(4)A local transport authority or authorities proposing to make an enhanced partnership plan and scheme must—

(a)invite operators of qualifying local services in the area to which the plan relates to participate in the preparation of the plan and scheme before starting to prepare them, and

(b)invite any person who becomes an operator of a qualifying local service in the area to which the plan relates while the plan and scheme are being prepared to participate in that preparation (including any person who becomes such an operator because of a change in the area to which the plan relates while the plan is being prepared).

(5)A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the period for objections stated in the notice under subsection (1)(c)—

(a)a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan prepared, or

(b)a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme prepared.

(6)After giving notice of the proposed plan and scheme under subsection (1)(d), the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by them,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by them,

(d)a traffic commissioner,

(e)the chief officer of police for each police area covering the whole or part of the area to which the plan relates,

(f)the Passengers' Council,

(g)the Competition and Markets Authority, and

(h)such other persons as the authority or authorities think fit.

(7)For the purpose of subsection (6)(c) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)National Park authorities,

(d)the Broads Authority,

(e)London transport authorities, and

(f)councils in Scotland.

(8)If a local transport authority or authorities propose to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (7) have effect as if—

(a)references to a proposed plan and scheme were references to a proposed scheme or schemes, and

(b)subsection (5)(a) were omitted.

(9)If a local transport authority or authorities propose to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.

(10)The Secretary of State may by regulations—

(a)specify the descriptions of local services that are qualifying local services for the purposes of this section, and

(b)specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).

(11)Regulations under subsection (10)(b) may, in particular—

(a)require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b)make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

(12)In this section “the relevant day”, in relation to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).]